Dec 11: Barriere Lake Human Rights Delegation Report Back

Barriere Lake Human Rights Delegation Report Back

1:30 pm
Saturday, Dec. 11, 2010
PSAC building JK Wylie boardoom, 233 Gilmour (at Metcalfe)

15 delegates from across Ontario and Quebec attended a human rights delegation to the Algonquin Nation of Barriere Lake this August.  In this trip, these delegates visited the Algonquin reserve at Lac Rapid and their traditional territory, 45 minutes north of the reserve.  The purpose of this delegation was for the delegates to learn and understand the history of the struggle of Barriere Lake.  And in return, it was for the community to gain more support for their fight over their self-determination and self-governance.  More than 3 months later, the situation of Barriere Lake has not changed ….

The Algonquins of Barriere Lake, Mitchikanibikok Inik, is a small yet strong First Nation.  Their 59-acre reserve at Lac Rapid is 4 hours north of Ottawa, in north western Quebec.  Their traditional territory covers the entire area of La Verendrye wildlife reserve. Mitchikanibikok Inik has never surrendered Aboriginal title to its traditional territory.

For those who attended this delegation, this trip was such an inspiring experience; all expressed their gratitude and willingness to support the Algonquins of Barriere Lake for their struggle to protect their land and assert their sovereignty.  One of the delegates, Ramsey Hart of Mining Watch Canada, said:

“Visiting Barrier Lake filled me with a strange combination of hope and anger. The anger from the Canadian and Quebec government’s despicable failure to honour an agreement that is so very reasonable, from seeing a dam creating electricity from flooded Algonquin lands that by-passes the community on its way south while noisy, polluting, expensive diesel generators provide electricity for the community. The hope came from the strength of the traditions, the generosity, the path of healing and the beautiful lands of the Alqonquin. At the end of the day the hope won-out but the anger is still there”

To be in solidarity with the Algonquins of Barriere Lake and their continuous demand for Canada to respect their traditional government and trailblazing environmental agreement – the 1991 Trilateral Agreement, we would like to invite you to join 3 of the 15 delegates as they share their experience and reflection from such inspiring trip. They are:

Colin Stuart, Christian Peacemaker Teams
Dylan Penner, Council of Canadians,  Ottawa Peace Assembly
Ramsey Hart, Mining Watch Canada

This event will be facilitated by Pei-Ju, Indigenous Peoples Solidarity Movement – Ottawa.

A DAY OF ACTION to support the Algonquins of Barriere Lake has been planned for Dec. 13.  This event is also our attempt to invite you to learn about the community.  And hopefully, you will also be inspired and decide to stand together with Barriere Lake and us (their supporters) for the day of action!

For more information, please visit www.barrierelakesolidarity.org
To see photos from the delegation, please go to http://bit.ly/hd7Xqz

Background: HOW IS THE GOVERNMENT DESTROYING BARRIERE LAKE’S TRADITIONAL GOVERNMENT? AND WHY?

The government has used an archaic section of the Indian Act – section 74 – to unilaterally impose a different system of government on Barriere Lake.

Barriere Lake’s traditional government – open to community members who have connection to the land, and in which Elders guide potential leaders and safeguard their customs – ensures that community members maintain their sacred bond to the land and their hunting way of life. The band council electoral system the Harper government has imposed destroys the sacred governance bond the community has with the land. By breaking Barriere Lake’s connection to the land, the Canadian and Quebec governments hope to get away with violating trailblazing environmental agreements and with illegally clear-cutting in Barriere Lake’s traditional territory.

The overwhelming majority of community members want to protect their traditional governance system, but the bureaucrats in Indian and Northern Affairs Canada are spreading the misinformation that they are only a small group.

Through the summer, the Indian and Northern Affairs Canada bureaucracy ran an illegal process, imposed by the Quebec police, to bring the new system into the community. Fewer than a dozen ballots were sent in to nominate candidates for an Indian Act Chief and Council, who where then seated by acclamation. Meanwhile, almost 200 community members had signed a resolution rejecting this process! That represents a majority of community members who are eligible to participate in their political process.

Even the acclaimed Chief resigned in protest, refusing to break ranks with the community’s majority. But four rogue band councillors with no community support have been illegally making decisions on behalf of Barriere Lake ever since. Shuttled to secret meetings with forestry companies and government officials, these councilors are being usined by the government to derail Barriere Lake’s precedent-setting environmental agreements and to facilitate illegal clear-cut logging.

Youth in the community are leading the movement to protect their traditional government and to heal and overcome the community divisions created by the internal meddling of government bureaucrats.

They are demanding the Harper Government cancel the imposition on Barriere Lake of the section 74 Indian Act band council system and respect their right to select leaders according to their traditional system of government.

Press release: Barriere Lake governance

FOR IMMEDIATE RELEASE

Thursday, November 12, 2009

Canada seeks to unconstitutionally abolish Algonquin’s customary government to avoid honouring agreements and recognizing legitimate leadership

Kitiganik/Rapid Lake, Algonquin Territory:– On Friday, October 30, 2009, Indian Affairs Minister Chuck Strahl sent notice to the Algonquins of Barriere Lake that he will not recognize their legitimate leadership, but instead impose elections on the community in April, 2010 by invoking a section of the Indian Act that would abolish the customary method they use to select their leaders.

The attempt at assimilation would be a violation of Barriere Lake’s constitutionally-protected Aboriginal right to their customary system of government.

“The Canadian government doesn’t want to deal with our Customary Chief and Council because we are demanding that the federal and Quebec governments implement agreements they signed with us regarding the exploitation of our lands and resources. So rather than recognize me, they want to do away with our customary system of government by which I was selected,” says Jean Maurice Matchewan, Customary Chief of Barriere Lake. “And while they are not recognizing our community’s legitimate leadership, Quebec has been taking advantage by illegally allowing forestry companies to clear-cut our forests in violation of our Trilateral agreement.”

Documents released under court-order indicate the Government of Canada was invested in quashing the precedent-setting Trilateral agreement, signed with Barriere Lake in 1991, and undermining Barriere Lake’s legitimate Customary Chief and Council.[1]

Jean Maurice Matchewan was reselected as Customary Chief on June 24, 2009, but the Government of Canada has refused to answer six consecutive letters sent by Barriere Lake’s lawyers, the last on Thursday, October 29, requesting that the Government recognize this result. The June leadership selection process was facilitated by Keith Penner, a former Member of Parliament who chaired the Special Parliamentary Committee on Indian Self-Government in 1983 that culminated in the historic Penner Report on Indian First Nations Self-Government. Penner concluded that Matchewan and his Council “followed and adhered to in each and every respect” Barriere Lake’s Customary Governance Code and are the “the legitimate and properly constituted leaders,” a result which should clear up confusion about the identity of Barriere Lake’s legitimate Customary Chief and Council.[2]

At a Federal Court hearing on September 24, 2009, Prothontary Tabib urged the Minister, in light of the new leadership selection, to withdraw his recognition of Casey Ratt, whom the Minister has been dealing with as Chief since March 2008.  This could allow the claims to leadership to be resolved through the Courts. Rather than recognize the June leadership selection or take direction from the Courts. Minister Strahl has decided to impose elections on Barriere Lake, alleging the community is “lacking the political will and the governance tools to resolve this matter” of their leadership selection.

“We already have a Customary Governance Code, which would work well if it were not for the internal interference of the Government of Canada. First the Government of Canada recognized and worked with a minority faction which didn’t respect our Customary Governance Code, in order to derail our signed agreements. Now that we have the Government backed into a corner because of our legal challenges and the recent leadership selection process, which was documented by credible witnesses, they are trying to win some more time by attacking our customs,” says Customary Chief Matchewan.

Section 74 of the Indian Act states that the Minister of Indian Affairs can impose an electoral system on First Nations with customary leadership selection processes. But Barriere Lake’s Customary governance code is recognized and affirmed by Section 35 of the Canadian Constitution, and the Minister is therefore prevented from changing their customary system of government.

Barriere Lake wants Canada and Quebec to uphold signed agreements dating back to the 1991 Trilateral Agreement, a landmark sustainable development and resource co-management agreement praised by the United Nations and the Royal Commission since 2001. Quebec signed a complementary Bilateral Agreement in 1998, but has stalled implementation despite the 2006 recommendations of two former Quebec Cabinet Ministers, Quebec special representative John Ciaccia and Barriere Lake special representative Clifford Lincoln, that the agreement be implemented. The 2006 recommendations include forest plans to harmonize logging operations with the Algonquin’s land use and revenue-sharing to give the Algonquins a $1.5 million share of the $100 million in resource revenue that comes out of their territory every year.

The Algonquin Nation Secretariat, a Tribal Council representing three Algonquin communities including Barriere Lake, continues to support Chief Matchewan.

– 30 –

Media contacts:
Jean Maurice Matchewan, Customary Chief of Barriere Lake: 819-435-2136

Notes
[1] http://barrierelakesolidarity.blogspot.com/2009/08/another-smoking-gun-top-diplomats.html
[2] http://ia341334.us.archive.org/0/items/2009-06-24AblPennerLeadershipReport_695/2009-06-24AblLeadershipReport.pdf

Blockade!

For Immediate Release

September 1, 2009

Algonquins place bodies in front of logging machines: prevent logging until Quebec and Canada respect agreements and leadership

Kitiganik/Rapid Lake, Algonquin Territory /- This afternoon members of the Algonquins of Barriere Lake will peacefully block the machines of Abitibi-Bowater forestry workers, preventing logging in their territory until Quebec implements agreements covering forestry on Barriere Lake’s lands, and the Quebec and Canadian government’s recognize the First Nation’s legitimate leadership.

“Our community has decided there will be no forestry activities or any new developments in our Trilateral Agreement Territory until the status of our leadership and the agreements we signed are resolved to our community’s satisfaction,” says Jean Maurice Matchewan, Customary Chief of Barriere Lake. “The Quebec government has acted in bad faith, giving companies the go-ahead to log while they ignore their legal obligations, leaving us with no choice but to stop forestry operations until Quebec complies with the agreement. We have waited more than 3 years for Quebec to implement it.”

Matchewan received no response to a letter he sent to Manager Paul Grondin of Abitibi-Bowater’s Maniwaki mill on August 25, requesting that the company suspend logging operations until the governments follow through on their obligations.

“Our plan is to peacefully put our bodies in front of their machines until we get some results. We expect they may use the police, because we are used to such tactics. This is our territory and they can’t push us off our lands,” says Matchewan.

Canada and Quebec have refused to acknowledge the results of a June 24, 2009 leadership selection process that reselected Jean Maurice Matchewan as the legitimate Customary Chief of Barriere Lake. National Chief Shawn Atleo of the Assembly of First Nations, however, met with Chief Matchewan on August 19, to discuss the Trilateral agreement and other community concerns. The Algonquin Nation Secretariat, a Tribal Council representing three Algonquin communities including Barriere Lake, also recently reiterated their support for Chief Matchewan.

“Instead of acting honourably and cooperating with our Customary Council to implement these signed agreements, the federal and provincial governments have been working in unison to try and install a minority faction whom they can use to sign off on the cutting of our forest,” says Matchewan.

Barriere Lake wants Canada and Quebec to uphold signed agreements dating back to the 1991 Trilateral Agreement, a landmark sustainable development and resource co-management agreement praised by the United Nations and the Royal Commission on Aboriginal Peoples. Canada has been in breach of the agreement since 2001. Quebec signed a complementary Bilateral Agreement in 1998, but has stalled despite the 2006 recommendations of two former QuebecCabinet Ministers, Quebec special representative John Ciaccia and Barriere Lake special representative Clifford Lincoln, that the agreement be implemented. The agreement is intended to allow logging to continue while protecting the Algonquin’s’ traditional way of life and giving them a $1.5 million share of the $100 million in resource revenue that comes out of their territory every year.

– 30 –

Media contacts:
Chief Jean Maurice Matchewan – 819-435- 2136
To arrange interviews in case the line is busy : 514-398-7432